New York Litigation & Discrimination Lawyers

Overview

Bantle & Levy LLP: Your New York Discrimination Attorneys

Under both federal, state, and city laws, discrimination–in the workplace, in public accommodations, in life–is not to be tolerated. However, this does not mean it doesn’t happen. The U.S. Equal Employment Opportunity Commission (EEOC) released the total cost of workplace discrimination cases in the United States for 2020– an alarming $439.2 million for victims of discrimination was secured as a result of discriminatory practices at the hands of private sector and government employers.

But when you face discrimination at work or in public accommodations, you may wonder, who is there to protect me? At Bantle & Levy LLP, we fight for the rights of the everyday employee all the way to C-suite executives who have been wronged and we look forward to fighting for you.

Under the law, employees and job applicants are protected from employment discrimination based on race, color, religion, sex, sexual orientation, gender identity, age, caregiver status, and national origin. Below, you will find how Bantle & Levy will fight for your rights in the following protected categories.

Age Discrimination

The federal Age Discrimination in Employment Act (ADEA) works to protects workers 40 years of age or older from age-based employment discrimination. In addition, The Older Workers Benefit Protection Act extends protections to older employees by prohibiting age-targeting lay-offs and using age as a factor in determining the acceptance or denial of employee benefits.

In addition to federal law protecting New Yorkers, state and city law also offers additional layers of protection for age-based discrimination. The New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) prohibit employers from making hiring, firing, or other employment decisions based on age, even if you are under 40 years old.

Disability

The Americans with Disabilities Act (ADA), protects employees who need an accommodation because of a physical or mental disability. The New York State Human Rights Law and the New York City Human Rights Law also protect against discrimination based on disability and/or medical impairment.

In addition, pregnancy-related conditions may also qualify for disability accommodations even though these disabilities may only be temporary.

Familial/Marital Status

Familial status discrimination, commonly known as marital and parental status discrimination, is discrimination that occurs in the workplace based upon an employee’s marital status, or if they have children or not. Discrimination is not just against those who are married with children but can also occur against those who are single, or any combination.

Discrimination based on family status may include:

  • Being denied employment due to pregnancy
  • Being passed for a promotion because an employer believes that the employee will soon become pregnant and stop working as efficiently
  • Being terminated after notifying an employer that the employee has become pregnant
  • Being married to someone who works at the company or used to work at the company

Gender

Our attorneys are well versed in gender discrimination litigation including claims under federal, state, and city law.

Potential claims of gender discrimination include:

  • Sexual harassment in the workplace
  • Being paid less because you are a woman
  • Being left out of important assignments
  • Being taken less seriously in jobs traditionally male-dominated
  • Being subjected to a hostile work environment
  • Failing to address complaints of sexual harassment
  • Instituting application and retention requirements that exclude women
  • Preferring an applicant over another of equal or greater qualifications based in part upon gender

Title VII and New York’s state and local human rights laws directly prohibit these types of discrimination on the basis of gender.

Gender Identity

Gender identity discrimination occurs when an employer discriminates against an employee because of their gender identity. The New York City Commission on Human Rights, Local Law No. 3 regulates discrimination which includes that on the basis of gender identity, including but not limited to being transgender, non-binary, or gender non-conforming, as well as gender expression.

Under the law, “gender discrimination can be based on one’s perceived or actual gender identity, which may or may not conform to one’s sex assigned at birth, or based on the ways in which one expresses gender, such as through appearance or communication style.”

Gender identity discrimination can involve a variety of acts including:

  • Refusing to hire or promote or person, or firing a person, because of a person’s actual or perceived gender, including being or being perceived to be transgender, non-binary, or gender non-conforming
  • Failing to use the name, pronouns, and title with which a person self-identifies
  • Terminating a transgender employee
  • Denying a transgender employee access to workplace restroom facilities that align with their gender identity
  • Harassing an employee because of bias against the way in which they identify their fender
  • Refusing to investigate claims of harassment by coworkers and supervisors

National Origin

National origin discrimination involves treating people unfavorably because they are from a particular country or part of the world, or because they appear to be of a certain ethnic background even if they are not.

National origin discrimination need not only occur because of the individual’s actual or perceived national origin but because of the national origin of a person they are married to or associated with.

Race

Federal, state, and local laws prohibit racial discrimination in the workplace.

Though racial discrimination is often overt, sometimes it can be subtle. Under the law, an employer cannot:

  • Refuse to hire or to discharge any individual, because of the individual’s race and/or color; or
  • To limit, segregate, or classify employees or applicants for employment in any way that would deprive them of employment opportunities or adversely affect their status as an employee, because of the individual’s race, color, religion, sex, or national origin.

Prohibitions against race discrimination under the law protect against:

  • Discrimination in hiring processes;
  • Subjecting employees of a certain race to greater scrutiny than similarly-situated colleagues of another race;
  • Applying different standards of compensation and opportunities for advancement based on race; and more.

Religion

How you worship is a personal matter. However, when your work interferes with your rights and ability to worship and celebrate your practiced religion, it can greatly impact your civil liberties.

Under federal law, employers must provide reasonable accommodations for the sincerely held religious practices of their employees, in addition to refraining from harassment based on religion. So long as such an accommodation would not create an undue hardship for an employer or interfere with a bona fide qualification of the job, accommodation must occur. One example of a reasonable accommodation could be rearranging a work schedule.

The bottom line is that employees should be able to practice their faith without hassle, retaliation, or harassment from employees or employers.

Sexual Orientation

Sexual orientation discrimination occurs in the workplace when an employee is treated unfavorably because of their actual or perceived sexual orientation, or the sexual orientation of a person or a group they are associated with.

While sexual orientation discrimination may be obvious like being denied a job, it may be based upon an employment policy that was seemingly neutral but actually has disproportionate adverse effects on workers with a specific sexual orientation.

In June of 2020, The United States Supreme Court ruled that, “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”

Quick facts about Discrimination

Fact 1: Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 protects employees and job applicants from employment discrimination based on race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), and religion.

Fact 2: Age Discrimination in Employment Act of 1967

The Age Discrimination in Employment Act of 1967 (ADEA) protects applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms and conditions of employment.

Fact 3: Americans with Disabilities Act of 1990

The Americans with Disabilities Act (ADA) was designed to help people with disabilities access the same opportunities and benefits available to people without disabilities. Employers must provide reasonable accommodations to qualified applicants or employees.

Blogs About Discrimination

discrimination

How Not to Settle Employment Discrimination Suits

Some attorneys dream about taking their employment discrimination cases all the way to the Supreme Court and winning, trouncing their adversaries and deflating their self-righteous hubris at every step of...

Bantle & Levy February 2016

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99 Park Avenue, Suite 1510
New York, 10016
(On Park Avenue between 39th Street and 40th Street)